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AMERICAN STATES INS. CO. v. BARKER

82-288.

438 So.2d 748 (1983)

AMERICAN STATES INSURANCE COMPANY v. Walter BARKER, d/b/a Barker's Masonry, et al.

Supreme Court of Alabama.

September 30, 1983.

Attorney(s) appearing for the Case

Tony S. Hebson of London, Yancey, Clark & Allen, Birmingham, for appellant.

John W. Sudderth and John S. Somerset, Birmingham, and Frank Ellis, Jr., Columbiana, and William A. Davis, III and Kelby E. Strickland, Jr., Birmingham, for appellees.

EMBRY, Justice.

This is an appeal from the following judgment:

"This cause came to be heard upon Plaintiff's complaint for declaratory relief and the answers filed by all Defendants. At the trial of the cause, Plaintiff orally informed the court that it withdrew the aspect of the complaint alleging non-cooperation of Defendant Barker, and no testimony was presented to this Court on that issue. Therefore, the Court finds this issue in favor of the Defendants...

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